Renew a Restraining Order

What Is “Renewing” a Restraining Order?

The Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Form WV-130) you obtained on behalf of your employee most likely has an expiration (end) date on the first page in item 5. That means that on that date, the order will end and your employee will no longer be protected by it.

If you are still concerned for your employee's safety or want the restraining order to stay in place, you have to “renew” it, which makes it last longer and gives it a new end date. A renewal can make the restraining order last another 3 years.

You must ask the court to renew the restraining order BEFORE your current one ends.

Asking to Renew the Restraining Order

Before the current Workplace Violence Restraining Order After Hearing (Form WV-130) ends, you can ask the court to renew the order. The new order can last up to 3 more years.

Attach a copy of your current Workplace Violence Restraining Order After Hearing (CLETS-WHO)(Form WV-130) to Form WV-700.

2. Fill out the court’s local forms (if any)Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court’s website.

3. Have the forms reviewed.If your court’s family law facilitator or self-help center helps people with restraining orders, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case. Remember, they cannot help you if you have a lawyer in the case.

4. Make at least 3 copies of all your forms.One copy will be for you, one will be for your protected employee, and another copy will be for restrained person. The original is for the court.

5. Take your forms to the court clerk.The clerk will give the forms to the judge for his or her signature. Ask the clerk when to return to pick up the paperwork. The clerk will file your papers.

Sometimes the judge wants to talk to you. If so, the clerk will tell you.

6. The clerk or judge will set a hearing date.You must go to the hearing. Form WV-710 will tell you when and where it will be. The restraining order will be extended until this court date.

7. Figure out WHEN you have to serve your papers byYou will have to serve the papers on the restrained person by the deadline the judge writes on your papers. This is so that the restrained person has a few days to respond to the request and prepare for court.

To find your deadline for service:

Look at your court date on Item 4 of Form WV-710.

Look at the number of days written on Item 5 on page 2 of Form WV-710.

Subtract the number of days in Item 5 from the court date. That is your deadline to serve your papers. (You can always serve before the deadline!).

8. Serve the restrained personPersonally serve the restrained person with a copy of:

The current Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Form WV-130); and

A blank Response to Request to Renew Restraining Order (Form WV-720) (for the restrained person to use to answer).

Remember, someone over 18 — NOT you, the protected employee or anyone else protected by the restraining order — can serve the order. For more help with service, read What Is "Proof of Personal Service"? (Form WV-200-INFO). And read the section on service of process.

9. File your proof of serviceHave your server fill out a Proof of Personal Service (Form WV-200) and give it to you so you can file it with the court. This form tells the judge and police that the restrained person got a copy of the Request to Renew and the Notice of Hearing. It is very important your server fills out the Proof of Service correctly. If possible, have your court’s family law facilitator or self-help center review it to make sure it was filled out properly.

Make 5 copies of the original Proof of Service.

Take the original and the copies to the court clerk at least 2 days before your hearing. The clerk will file the original and give you back the copies stamped "Filed."

10. Go to your court hearing

Your Court Hearing

At the hearing, the judge will decide whether or not to renew the restraining order protecting your employee.

If your employee is still afraid of the restrained person, let the judge know. If the restrained person has abused or harassed your employee since the last order, or disobeyed any parts of the order you are trying to renew, make sure you tell the judge and provide any proof or details about the violations.

You do not need to show that the restrained person has abused your employee since the last order. It will be up to the judge to decide whether to renew the restraining order or not. And the judge will decide whether to give you and your protected employee a new order for 3 more years.

If the judge renews the restraining order at the hearing:

1. Fill out an Order Renewing Workplace Violence Restraining Order (Form WV-730), attach the restraining order (Form WV-130) that the judge renewed, and give it to the clerk. The judge will sign Form WV-730 renewing the restraining order.

If the clerk prepares this order instead, review it carefully to make sure it matches what the judge ordered.

The clerk will file the original and give you up to 5 copies stamped "Filed."

Give a copy of it to the protected employee.

2. Serve the restrained person.

If the restrained person was not at the hearing and the renewed orders are different from Form WV-130 (even if just slightly different), you must have someone serve Form WV-730 in person, not by mail. Ask the server to complete a Proof of Personal Service (Form WV-200) and give it to you.

If the restrained person was at the hearing, you do not have to serve him or her with the restraining order, but it is a good idea to do it. If you choose to, you can have him or her served with a copy of Form WV-730 by mail. Ask the server to complete a Proof of Service of Order After Hearing by Mail (Form WV-260) and give it to you to file.

If the restrained person was not at the hearing but the renewed orders are exactly the same as Form WV-130 (except for the end date), you can also have him or her served with a copy of Form WV-730 by mail. Ask the server to complete a Proof of Service of Order After Hearing by Mail (Form WV-260) and give it to you to file.

3. File your proof of service.

Make 5 copies of the completed Proof of Service (Form WV-200 or Form WV-260). Mail or take the original and the copies to the court clerk. The clerk will file the original and give you back the copies stamped "Filed."

The court will send the Proof of Service and Form WV-730 to law enforcement for you. That way, police across the state know that the restrained person knows about the orders.

If the clerk cannot send your Form WV-730 and Proof of Service to law enforcement on your behalf, take 1 copy to your local police. They will put the information into the state computer system.

4. Tell your protected employee to keep 1 copy of the Order Renewing Workplace Violence Restraining Order (Form WV-730), with the Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Form WV-130) and the filed Proof of Service with himself or herself AT ALL times. Your protected employee should also:

Keep another copy in a safe place in case he or she needs to show it to the police.

Give a copy of your new order to everyone and every place that had a copy of the last one.

Make sure your local police have a copy of the order to renew the restraining order.